Eclectic Niche””, “we”, “our” and “us” means Eclectic Niche (Company Number 011765161. Registered Business Address: 124, City Road, London, EC1V 2NX).
“You” means any user of the website including any user who makes a purchase through the website (a “Buyer”).
Eclectic Niche offers this website, including all information, tools and services available from this site to you the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here
Agreement
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
New features, tools, characters or attributes which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page frequently for updates and changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We will keep a record of terms and conditions and dates of any changes made.
Our store is hosted by WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you signify that you are of age to use this website. You must be 18 years of age to accept this agreement.
Payment will be deducted from the Buyer’s debit/credit card or PayPal account within four (4) working days of an order being accepted by Eclectic Niche.
You may not use our products for any illegal, manipulative or unauthorised purposes. You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and possible prosecution.
ORDERS AND PAYMENTS
Orders are accepted at our sole discretion provided that the item(s) is (are) available, your credit, debit or PayPal account must be valid. In order to offer you payment methods, we might at checkout pass your data in the form of contact details to the payment provider, in order to access whether you qualify, especially when applying for credit. We are GDPR compliant, please see our privacy for more details. All orders are subject to acceptance and availability. If the item you have ordered is out of stock, we will alert you as soon as we are made aware by our supplier. The order relating to the unavailable item will be cancelled and a full refund will be applied. Where the Buyer′s order is for multiple items, the rest of the order will remain valid (including all delivery charges) unless the Buyer notifies us. Where the Buyer′s order is for a single item, it will be cancelled and delivery charges will be refunded in full. Notification will be sent to the Buyer via an email to the address provided at registration, confirming that the Buyer’s refund has been processed. It will take a minimum of five (5) working days from receipt of such an email for the refunds to appear in the Buyer′s bank account.
All orders have to be placed through our website. We are unable to process payments or orders manually. (e.g. by phone, mail, fax etc). We are unable to amend orders after they have been placed through our website.
Cancellation Right: You have the right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order at any time before dispatch of the item(s). This should be done within 2 working days of placing the order. Any later will mean we are unable to cancel at this stage as the order is packaged and on its way to you. In cases like these, refusal of the delivery will be the option. Should you need to cancel an order, please contact our Customer Service team by emailing us at info@eclectic-niche.com.
Delivery Charges: If we have the items in our storage, standard delivery is free and takes 5-10 working days to arrive. If the items are with our supplier, it will take 10-15 working days to deliver. Delivery time periods will be stated on the product page. Larger sized items will attract a considerate amount, starting from £9.99. Products of a larger size that are fulfilled directly by our supplier, may incur an additional delivery charge. Please check the product description or basket page for further details on shipping costs.
Please note that, on very rare occasions deliveries may be delayed due to circumstances beyond our control which we are unable to take responsibility for due to our wide range of suppliers and logistical issues.
In the event that we accept an order from a Buyer and that for reasons beyond our control we are unable to supply the goods ordered to the Buyer, then the Buyer agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have against the Seller for non-delivery.
Majority of our deliveries are carried out by third party delivery companies. In the rare event of damage to property or injury sustained during delivery, all liability as a result of damage/ injury must be passed to the third party delivery company.
We reserve the right to refuse service or products to anyone for any reason at any time.
CORRECTNESS, TIMELINESS AND HISTORIC INFORMATION
This site may contain certain historical information of which we will not be held liable for. We endeavour to update the information on our website in a timely manner. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site. For more information regarding products, please contact customer services at info@eclectic-niche.com
PRODUCTS, SERVICES, IMAGES THERE MODIFICATIONS AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or product (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or product.
We warrant that the items shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery, provided that the instructions governing use of the goods have been followed.
We have displayed as accurately as possible the images of our products. We cannot guarantee that your computer monitor will display the item as pictured, so variation in colour may occur.
We reserve the right, to limit the sales of our products or Services to any person, geographic region or jurisdiction for any reason. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer for any reason.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our returns policy.
MISSED DELIVERY
Eclectic Niche reserves the right to cancel any contract with you if delivery fails three times through your fault. We reserve the right to charge you for additional costs that it may incur due to failed deliveries. If your goods remain at our warehouse for more than four weeks, during which time you fail to accept delivery/redelivery (despite We having contacted you to do so), you may incur a storage charge. We also reserve the right to cancel your order and retain up to 50% of your order value
DAMAGED AND DEFECTIVE ORDERS
We take care when shipping orders but we recommend that on receipt, the recipient should carefully check their order for the conformity of the item(s) received on receipt with the delivery agent and reject delivery if there are damages or reported within 48 hrs of receipt of the item(s). Any issues with the order should be notified by emailing our Customer Service team, within 48hrs of receipt of the item(s). Items reported after this period may be deemed to have happened after the delivery event of which we take no responsibility for.
Due to its supply process, we unable to undertake repairs. Subject to a full investigation by us with our supplier and with the courier, we will provide a full refund for a defective, incorrect or missing item (return postal charges will only be refunded where the item has been found to be wrongly described or defective). This does not affect your statutory cancellation rights
Please note, there is no specified period for how long such an investigation may take and this will vary according to the product and the supplier. We will do our best to give you an indication of the estimated investigation time at the start of the process.
Once the investigation is carried out and damage is deemed to have occurred due to handling by our couriers, a replacement will be sent to the customer. If the customer chooses to keep the item, a partial refund will be issued to the customer. Once the partial refund has been authorised (after prior agreement for a partial refund by the customer) the customer will no longer be able to claim further compensation or request for a replacement.
THIRD-PARTY LINKS, TOOLS, PRODUCTS AND SERVICES
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
We do not endorse or warrant any third party links or are we liable for any damages or losses incurred as a result of engaging with third-parties on our website.
Any use by you of optional tools offered through the site by third parties is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may have content, products or services displayed on our website from third parties
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of what they guarantee or do we have any liability or responsibility for any third-party materials, websites, products, or services from third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms, conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party and are not are responsibility.
RETURNS/REFUNDS
You have the right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order at any time before dispatch of the item(s) or within (3) working days of receipt of the item(s) by following our returns’ process.
To return an item, the buyer must email Eclectic Niche at info@eclectic-niche.com, stating reasons for there returns and quoting there order number and full name as stated when the order was placed. You have the right to return your order within 30 days of receipt of the item(s). We have various stockist across the globe, hence the reason why we need you to email first so that we can give you the appropriate address to ship the items you need to return.
The Buyer must return the item(s) in good condition, unused and with their original packaging (including dust bags in the case of handbags). Eclectic Niche reserves the right to refuse or to reduce the refund on any item that is incomplete, damaged or dirtied by imposing a minimum deduction of 30% of the order value.
Products that fall into the following categories cannot be cancelled or refunded unless they are proven faulty:
-Goods which are made tor order or are made to the customer’s specification or personalised.
-Mattresses or mattress toppers, duvets, pillows, hardware.
– Self-assembly furniture items cannot be returned once assembly is part or fully complete.
It is the Buyer′s responsibility to ensure that the return form is enclosed with the parcel . If a returns form is not included in the package, they need to request this by emailing our customer service team at info@eclectic-niche.com, filling all the details in he form. Should the Buyer fail to enclose the return form or sheet including necessary details as stated above, we may not be able to refund the items until able to identify the related order. Should the Buyer fail to return their goods to the return address provided, Eclectic Niche will not be held responsible for any delays to refunds or postage issues.
We will process your refund within 14 calendar days of receiving your return.
Please note if you have received a part shipment of your order, you may wait until the full order has been delivered before returning an item/s.
Cost of returns: Members will incur the cost of returns unless (i) the product received is incorrect, or (ii)deemed damaged or faulty – photographic evidence will be required. If returns are received with insufficient postage, we will deduct the appropriate amount from the refund of the items returned to cover the shipment cost and the administration charges.
Postage for Returns: We would advise the Buyer to return unwanted items by recorded delivery or by obtaining a Certificate of Posting from the Post Office or by any other means that shows proof of postage of the returned items. Any returns, which have not been refunded will indicate that Eclectic Niche has not received the stock and this will therefore need to be investigated via our storage search. This investigation procedure can take up to ten (15) working days to complete and during this period, no refunds will be processed until the outcome.
Lost Returns: Should the Buyer′s chosen courier fail to deliver or lose their return parcel, it is the Buyer′s responsibility to claim compensation from the courier directly. Eclectic Niche is not liable for any lost return parcels.
Insurance on Returns: Please note that it is the Buyer′s responsibility to choose the most appropriate method for returns with the appropriate insurance. Eclectic Niche cannot be held responsible for any unforeseen delays or associated risks, e.g strikes, riots, war or act of God.
International Orders: Please be aware, refunds processed for international customers are subject to exchange rate fluctuations of which Eclectic Niche nor its directors will not be held responsible for. We refund the pound equivalent of what was received which may be subject to the exchange rate of the processing bank .
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, comments, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments on our website or external 3rd party sites, will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation, reputation or Service of our website any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Violation of these terms may lead to legal ramifications.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see below.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eclectic Niche, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eclectic Niche and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
STATUTORY RIGHTS
These terms and conditions do not affect your statutory rights as a consumer.
GOVERNING LAW
These terms and conditions shall be governed by and construed/interpreted in accordance with English law.
Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
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